ORS 240.321
Collective bargaining

  • effect of collective bargaining agreements on personnel rules
  • grievance procedures

(1)

All collective bargaining between the state and its agencies and any certified or recognized exclusive employee representative of classified employees shall be under the direction and supervision of the Director of the Oregon Department of Administrative Services.

(2)

Notwithstanding any of the provisions of ORS 240.235 (Compensation plan for classified service), 240.306 (Recruitment, selection and promotion of state employees), 240.316 (Trial service), 240.430 (Merit ratings) and 240.551 (Working hours, holidays, leaves of absence and vacations of employees in state classified service), employees of state agencies who are in certified or recognized appropriate bargaining units shall have all aspects of their wages, hours and other terms and conditions of employment determined by collective bargaining agreements between the state and its agencies and the exclusive employee representatives of such employees pursuant to the provisions of ORS 243.650 (Definitions for ORS 243.650 to 243.809) to 243.809 (Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards), except with regard to the recruitment and selection of applicants for initial appointment to state service.

(3)

The provisions of rules adopted by the Oregon Department of Administrative Services, the subjects of which are incorporated into collective bargaining agreements, shall not be applicable to employees within appropriate bargaining units covered by such agreements.

(4)

The department shall ensure the speedy resolution of employee grievances by adopting a grievance procedure resulting in a final employer determination within 60 days of the filing of a written grievance, with appeal thereafter to the Employment Relations Board, the Civil Rights Division of the Bureau of Labor and Industries, or other appropriate review agency. Employees in collective bargaining units shall have their grievances resolved as provided for by the collective bargaining agreement. [1979 c.468 §24; 1997 c.23 §1]

Source: Section 240.321 — Collective bargaining; effect of collective bargaining agreements on personnel rules; grievance procedures, https://www.­oregonlegislature.­gov/bills_laws/ors/ors240.­html.

Notes of Decisions

Provision of collective bargaining agreement giving present employes lateral transfer rights was valid under this section and fact that its implementation resulted in male succeeding female employe did not violate state affirmative action statutes. State Executive Dept. v. OPEU, 91 Or App 124, 754 P2d 582 (1988)

240.005
Short title 240.010
Purpose of chapter 240.011
Policy on public service contracts 240.012
Job sharing 240.013
Job-sharing positions 240.015
Definitions 240.055
Personnel Division 240.057
Administrator of Personnel Division 240.060
Employment Relations Board 240.065
Appointment 240.071
Compensation and expenses of members 240.075
Removal of members 240.080
Chairperson appointed by Governor 240.086
Duties of board 240.088
Review of arbitration awards after written exceptions filed 240.100
Administer oaths 240.105
Use of public facilities of state or municipalities 240.115
Action to secure compliance with chapter 240.123
Board personnel 240.131
Employment Relations Board Administrative Account 240.145
Duties of administrator 240.160
Agency personnel officers 240.165
Cost of operating Personnel Division divided among various agencies of state government 240.167
Cost of operating Employment Relations Board divided among various divisions of state government 240.170
Oregon Department of Administrative Services Operating Fund 240.185
Maximum number of state employees 240.190
Policy on comparability of value of work and compensation and classification 240.195
Categories of positions in state service 240.200
Exempt service 240.205
Unclassified service 240.210
Classified service 240.212
Management service 240.215
Classification plan 240.217
Certain reclassifications prohibited 240.227
Salary for legislator appointed to exempt, unclassified or management service 240.235
Compensation plan for classified service 240.240
Application of chapter to unclassified or management service 240.245
Application of chapter to exempt service 240.250
Rules applicable to management service 240.306
Recruitment, selection and promotion of state employees 240.307
Procedure for enforcement of ORS 240.309 240.309
Temporary appointments 240.311
Delegation of authority and responsibility by division 240.316
Trial service 240.321
Collective bargaining 240.395
Suspension of merit system in emergencies 240.400
Designation by appointing authority of staff employees to act as alternates 240.406
Right of unclassified or exempt employee to be accompanied to employer-requested interview 240.410
Removals during trial period 240.425
Regular seasonal employees 240.430
Merit ratings 240.435
State Management Credentials Program required 240.546
Payments in lieu of sick leave with pay 240.551
Working hours, holidays, leaves of absence and vacations of employees in state classified service 240.555
Suspension, reduction, demotion or dismissal 240.560
Appeal procedure 240.563
Judicial review 240.570
Classified employee filling position in unclassified, exempt or management service 240.580
Service credits for service in unclassified service 240.590
Reemployment of employee in exempt service 240.610
Mediation service fee 240.710
Certain acts unlawful 240.750
When discipline action not to be retained in personnel file 240.850
Policy on work environments 240.855
Telecommuting 240.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 240.321’s source at oregon​.gov